Iowa Code 252B.9A – Disclosure of confidential information — authorized person — court
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1. A person, except a court or government agency, who is an authorized person to receive specified confidential information under 42 U.S.C. § 653, may submit a written request to child support services for disclosure of specified confidential information regarding a nonrequesting party. The written request shall comply with federal law and regulations, including any attestation and any payment to the federal office of child support enforcement of the United States department of health and human services required by federal law or regulation, and shall include a sworn statement attesting to the reason why the requester is an authorized person under 42 U.S.C. § 653, including that the requester would use the confidential information only for purposes permitted in that section.
Terms Used In Iowa Code 252B.9A
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age or a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252B.1
- Child support agency: means child support agency as defined in section 252H. See Iowa Code 252B.1
- Child support services: means child support services created in section 252B. See Iowa Code 252B.1
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Petitioner: includes each dependent person for whom support is sought in a proceeding instituted pursuant to this chapter or a mother or putative father of a dependent. See Iowa Code 252A.2
- Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: includes all the states. See Iowa Code 4.1
2. Upon receipt of a request from an authorized person which meets all of the requirements under subsection 1, child support services shall search available records as permitted by law or shall request the information from the federal parent locator service as provided in 42 U.S.C. § 653.
a. If child support services locates the specified confidential information, child support services shall disclose the information to the extent permitted under federal law, unless one of the following applies:
(1) There is a notice from the federal parent locator service that there is reasonable evidence of domestic violence or child abuse pursuant to 42 U.S.C. § 653(b)(2).
(2) Child support services has notified the federal parent locator service of a disclosure risk indicator as provided in section 252B.9, subsection 3, paragraph “i”, and has not removed that notification.
(3) Child support services receives notice of a basis for a disclosure risk indicator listed in section 252B.9, subsection 3, paragraph “i”, within twenty days of sending a notice of the request to the subject of the request by regular mail.
b. If child support services locates the specified confidential information, but child support services is prohibited from disclosing confidential information under paragraph “a”, child support services shall deny the request and notify the requester of the denial in writing. Upon receipt of a written notice from child support services denying the request, the requester may file a petition in district court for an order directing child support services to release the requested information to the court as provided in subsection 3.
3. A person may file a petition in district court for disclosure of specified confidential information. The petition shall request that the court direct child support services to release specified confidential information to the court, that the court make a determination of harm if appropriate, and that the court release specified confidential information to the petitioner.
a. The petition shall include a sworn statement attesting to the intended use of the information by the petitioner as allowed by federal law. Such statement may specify any of the following intended uses:
(1) To establish parentage, or to establish, set the amount of, modify, or enforce a child support obligation.
(2) To make or enforce a child custody or visitation determination or order.
(3) To carry out the duty or authority of the petitioner to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child.
b. Upon the filing of a petition, the court shall enter an order directing child support services to release to the court within thirty days specified confidential information which child support services would be permitted to release under 42 U.S.C. § 653 and 42 U.S.C. § 663, unless one of the following applies:
(1) There is a notice from the federal parent locator service that there is reasonable evidence of domestic violence or child abuse pursuant to 42 U.S.C. § 653(b)(2).
(2) Child support services has notified the federal parent locator service of a disclosure risk indicator as provided in section 252B.9, subsection 3, paragraph “i”, and has not removed that notification.
(3) Child support services receives notice of a basis for a disclosure risk indicator listed in section 252B.9, subsection 3, paragraph “i”, within twenty days of sending notice of the order to the subject of the request by regular mail. Child support services shall include in the notice to the subject of the request a copy of the court order issued under this paragraph.
c. Upon receipt of the order, child support services shall comply as follows:
(1) If child support services has the specified confidential information, and none of the domestic violence, child abuse, or disclosure risk indicator provisions of paragraph “b” applies, child support services shall file the confidential information with the court along with a statement that child support services has not received any notice that the domestic violence, child abuse, or disclosure risk indicator provisions of paragraph “b” apply. Child support services shall be granted at least thirty days to respond to the order. The court may extend the time for child support services to comply. Upon receipt by the court of the confidential information under this subparagraph, the court may order the release of the information to the petitioner.
(2) If child support services has the specified confidential information, and the domestic violence, child abuse, or disclosure risk indicator provision of paragraph “b” applies, child support services shall file with the court a statement that the domestic violence, child abuse, or disclosure risk indicator provision of paragraph “b” applies, along with any information child support services has received related to the domestic violence, child abuse, or disclosure risk indicator. Child support services shall be granted at least thirty days to respond to the order. The court may extend the time for child support services to comply. Upon receipt by the court of information from child support services under this subparagraph, the court shall make a finding whether disclosure of confidential information to any other person could be harmful to the nonrequesting party or child. In making the finding, the court shall consider any relevant information provided by the parent or child, any information provided by child support services or by a child support agency, any information provided by the petitioner, and any other relevant evidence. Child support services or a child support services’ attorney does not represent any individual person in this proceeding.
(a) If the court finds that disclosure of confidential information to any other person could be harmful to the nonrequesting party or child, the court shall dismiss the petition for disclosure and notify child support services to notify the federal parent locator service of a disclosure risk indicator.
(b) If the court does not find that disclosure of specified confidential information to any other person could be harmful to the nonrequesting party or child, the court shall notify child support services to file the specified confidential information with the court. Upon receipt by the court of the specified confidential information, the court may release the information to the petitioner and inform child support services to remove the disclosure risk indicator.
(3) If child support services does not have the specified confidential information and cannot obtain the information from the federal parent locator service, child support services shall comply with the order by notifying the court of the lack of information.
4. The confidential information which may be released by child support services to a party under subsection 2, or by child support services to the court under subsection 3, shall be limited by the federal Social Security Act and other applicable federal law, and child support services may use the sworn statement filed pursuant to subsection 1 or 3 in applying federal law. Any information filed with the court by child support services, when certified over the signature of a designated employee, shall be considered to be satisfactorily identified and shall be admitted as evidence, without requiring third-party foundation testimony. Additional proof of the official character of the person certifying the document or the authenticity of the person’s signature shall not be required.
5. When making a request for confidential information under this section, a party or petitioner shall indicate the specific information requested.
6. For purposes of this section, “party” means party as defined in section 252B.9, subsection 3.
7. Child support services may adopt rules pursuant to chapter 17A to prescribe provisions in addition to or in lieu of the provisions of this section to comply with federal requirements for parent locator services or the safeguarding of information.